BLUE DELTA INVESTIGATIONS, LLC

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Cody, Wyoming

 

 

 

SMALL BUSINESS IDENTITY FRAUD

Guillermo D. Jalil, M.S.

Corporations and LLC's are filed with the Corporations office of the Secretary of State.  These filings commonly involve periodic reports identifying the registered agent, the Director and Officers, or the Manager, and even the members; if so required. 

From time to time, there are scammers who are simply filing their name, or the names of other persons, in the above mentioned capacities.  Their goal is to sell the company out from under the rightful owners, place themselves as corporate officers, apply for an EIN, open bank accounts or engage in other acts of fraud.

The real owners of the company are left unaware until an event indicates a possible problem, such as customers complaining for lack of service after payment was tendered, sold assets of the company without proper authorization, or a restriction of available financing.

There are a few perpetrators who are simply reinstating companies that were dissolved or inactive, and then selling the "shelf companies" outright to unsuspecting buyers.  Shelf companies are fine if you're acquiring one that wasn't dissolved and reinstated.  And if it was reinstated, make certain it was done with the consent of the original owners.

Below are a few links and a toolkit:

Below is a superficial checklist:

  • Check to see if the registered agent for your company is correct.  This is disclosed online with the Secretary of State in the state in which the company is filed.

    • If someone change the registered agent for the company without your permission, send a certified letter to that illegally assigned registered agent notifying them that they don't have your permission to serve as agent.

    • Don't be a wimp and ask whether you have a right to do anything.  If it's your company, get to work.  Fill out the change of registered agent form assigning a registered agent that works for you.

    • File a police report.  If you own the company, file the police report locally.  Then ask the police department to file the report in the City and State of where the company is filed.  For example, if the company was filed in Cheyenne, WY, then ask the local Police Department to transmit the report to the Cheyenne PD. 

    • Call the securities office in the state where the company is filed and report stock theft.

  • Expect the Secretary of State to tell you that they simply act in a ministerial capacity.  The will tell you that they will file the documents presented to them.  But the act of doing so fraudulently is a crime in that state.  The person who presents the false document for filing and pays the fee is responsible for that fraud.  And if they file the documents through the mail, it's mail fraud.  If they send it via fax, it's wire fraud.

    • Ask the Secretary of State how they paid for the filing.  Ask for copies of records.

    • Get copies of the entire business file from the Secretary of State.  This will give you a history of everything that was filed, who filed it, signatures, dates, and a timeline.  This timeline is needed for a law enforcement response.

  • Call your company's registered agent to express concern of identity theft, if any.  Contact the Secretary of State online to find out the name of the registered agent.  Do a search for the company name and the registered agent will be disclosed.  Make certain you're the contact person for the company.  Your registered agent has an interest in keeping you as a client to collect annual renewal fees. 

  • If the RA was changed without your consent, send this memorandum to the illegal RA certified mail return receipt.

Please be advised that I am the proper owner and controlling stockholder of NAME OF COMPANY, INC., a Montana corporation.  Someone filed a change of name to NEW NAME OF COMPANY, INC. without my permission.  The MT State Filing number is D123456.  The name listed online is false and identified as FALSE NAME HERE.  The company identity was stolen.

You are hereby notified that you do not have permission to serve as registered agent for COMPANY NAME, INC., a Montana corporation.  If you provide any services from this point forward, I will sue you and win.  The scammers' names involving the company are the following:  TOM, DICK, AND HARRY.

Any correspondence, in your possession in the name of COMPANY NAME, INC. will be sent to the following address:

Your name, your address

If you refuse to forward the correspondence to my attention without a subpoena, then so be it.  However, you will not forward correspondence to the scammers named as TOM, DICK AND HARRY. 

EIN fraud is also suspect.  The IRS will be called shortly.

Any records you have should be preserved in the expectation of contact from a law enforcement organization that will be investigating this matter shortly.

  • If the Secretary of State discloses an address you don't recognize, do an online search for that address.  If it comes up as a UPS address or virtual office, do the following:

    • Locate the phone number and call them to "enroll" in their virtual office or mail drop.

    • Then ask for the Manager's name.

    • Ask questions as if you're enrolling in their virtual office as a prospective customer and ask for the contract/agreement to do so.  Ask them for a faxed copy.

    • Send the a memorandum addressed to the Manager's name and the name of the business.  

    • Send a copy to that UPS location and HQ of UPS, if involved.

      • UPS World Headquarters, 55 Glenlake Parkway NE, Atlanta GA 30328

       

  • Check online with the Secretary of State to make certain that the Directors and officers are correct, as listed. 

  • If any information is incorrect, simply correct it immediately; and then monitor on an ongoing basis.  This means if the company address, Director, Officers, registered agent, or anything is incorrect, file an updated report with the Secretary of State to correct the record.

  • Go online and file a report on the people who placed their name on your company.

  • Consider changing the name of the company with the Secretary of State; at least temporarily.  For example, if the company name is ACME PRODUCTS, INC., change the name to ACME PRODUCTS WAS STOLEN CALL 916-215-8596, INC.  Of course, use the contact number of your choosing.  You always have the option of changing it back to the original name of the company.

  • Google the company's name for internet postings of solicited products and services.

  • Contact the Department of Commerce, FBI, IRS, and your bank.

  • Contact the Department of Revenue in the company's state to determine if anyone applied for a sales tax license, business license, or filed returns.

  • Adjust and correct and misinformation, false or other claims.

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